Cabinet meetings will continue until there is clarity – Harmon – Govt. ignoring CCJ ruling – Jagdeo
Jul 05, 2019 , Kaieteur News, https://www.kaieteurnewsonline...g-ccj-ruling-jagdeo/
The Government and Opposition are heading on a collision course on the continued holding of Cabinet meetings. These meetings are where ministers and President David Granger gather weekly to discuss government business. Cabinet makes key national decisions and “notes” awards of contracts.
Government is illegally holding Cabinet meetings, the Opposition yesterday insisted.
After the December 21, 2018 no-confidence vote, which saw the government fall, and the subsequent High Court ruling, which upheld that the motion was carried, the Coalition Government had announced there would be no Cabinet meetings; rather, the ministers and president would meet in what was known as plenary sessions.
After the Court of Appeal ruled the vote was not carried, Cabinet meetings resumed.
Recently, the Caribbean Court of Justice (CCJ) ruled that the vote was legally carried, which meant that Guyana has to start preparing for early elections with the government standing resigned.
However, yesterday, both the Government and the Opposition remain divided on the matter of what happens to the Cabinet in the interim.
According to Director-General of the Ministry of the Presidency, Joseph Harmon, the Cabinet will continue to meet until the CCJ offers clarity on July 12.
At a post-Cabinet press briefing, Harmon explained that there was nothing in the CCJ’s ruling that stated the Cabinet should not meet.
However, the government, in a written submission on Monday last, asked the Trinidad-based court to provide clarity on whether Cabinet should be meeting.
“So, we will await the clarification from the CCJ on that matter,” Harmon noted.
He pointed to the Constitution of Guyana, which speaks to the president and government remaining in office.
“It is our duty as a government to govern, and therefore, every day that we are in government, we have to execute the mandate of governing and ensuring that the people’s business is taken care of.”
Harmon reiterated that the government will continue to perform its functions until full clarity is provided.
NO TURNING BACK
However, Opposition Leader, Bharrat Jagdeo, was highly critical of the situation.
During a press conference at his Church Street office, he said that what is clear is that the CCJ did not rewrite the Constitution of Guyana.
“The CCJ interpreted the Constitution of Guyana. So the Constitution of Guyana says that, upon the passage of a no confidence motion, the Cabinet including the President, shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of Confidence.”
Jagdeo said that the question therefore begs if the no-confidence vote was valid.
“The answer is yes. The CCJ has ruled on that. No turning back. There is no court to which this can be appealed. The CCJ said the no confidence motion was validly passed. So, it’s as clear as they like. You don’t need to interpret that. A child in Guyana could take the Constitution or you could explain this to a child, and the child would understand that … except this corrupt cabal.”
The Opposition Leader pointed to Article 106(7) of the Constitution, which says that upon the passage of a no confidence motion, elections have to be held within three months of that date.
“If it’s not being held within three months of the date of the passage of the no confidence motion which makes this government illegal.
Therefore, when Harmon spoke there, as he was speaking (it was) on behalf of an illegal government, and when he mentioned the word ‘post Cabinet briefing’, there is no Cabinet. The Cabinet stood resigned by the Chief Justice. They had accepted that before. They said they were not meeting except by plenary.”
Jagdeo said that here also the government contradicts itself.
“But now, they have reversed even that position, and he says they’re in office with full powers. Even the Bill amending these articles of the
Constitution explained the reason that you stay in office for three months after the Cabinet resigns. It says: “Only for the purpose of holding elections”.”
Jagdeo said that the reason is not to sign contracts, not to use money on “ministerial perks and outreaches. Not to do all the things, which they’re doing now. All of those are illegal. So Harmon, when he just spoke at that press conference, was speaking on behalf of an illegal Government, and a Cabinet that shouldn’t have held a meeting. That should be clear.”
